Is it illegal to have a farm name ??

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by JulieZ, Aug 15, 2010.

  1. JulieZ

    JulieZ Chillin' With My Peeps

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    My ordinance reads:
    (1) "LIVESTOCK. Chicken farms & commercial livestock breeding or raising are not permitted. Domestic animals shall be permitted provided that same do not become a nuisance or annoyance to the owners of the other lots."
    (2) "Residential purposes shall include use of the property for LIGHT AGRICULTURAL PURPOSE such as gardens and orchards provided NO RETAIL SALES will be permitted from any lot. NO trade, business or profession of any kind shall be conducted on any lot. NO sign shall be erected on any lot."

    I'd like to create a web page about my chicken life. I would like to mention if someone needs eggs or whatever to "off set" my price for feed/raising, I will deliver. I'm in the country so bartering is always an option for things needed to improve my life. I am wondering is it illegal to give my place a farm name when I am not allowed "chicken farms" according to my restrictive covenants? What constitutes a "farm"? I asked the courts & they said LARGE & PRODUCTIVE & REGISTERED.

    I'm on 5 acres & will soon start raising food for the family. From cows to veggies to chickens, which I'm allowed to have if they are not that "nuisance" mentioned. I'd be the first on my road to start this. To call my place something would be nice BUT if the maggots next door think I'm really running a business ... Would using "farm" be an open invite from the local zoning department?

    I'd also like to get certified (or whatever it's called) as having a clean, disease free range. Would this help my cause if the neighbors try to lay down the bible on me? (The Covenants) Does this open a window I should leave closed?

    According to these papers I'm limited. According to the county laws I'm wide open. According to all the people in the court house, if anything flies, the papers are what they will strictly enforce upon me if I'm doing wrong.

    OH ... forgot to mention that "the committee" that put this crap together ... 3 are now dead & 1 (who I've talked too & is now up in her 70's) no longer cares what anyone does & will enforce nothing *but* the courts said the paper is still unbreakable.

    Thanks for any thoughts, opinions or warnings. [​IMG]
     
    Last edited: Aug 15, 2010
  2. Indiana hens

    Indiana hens Chillin' With My Peeps

    Jun 25, 2008
    Pendleton, Indiana
    Sounds common in some states. I say do what u want see what they enforce.
     
  3. justbugged

    justbugged Head of the Night Crew for WA State

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    Well from that I didn't get that it would be illegal to name your farm for use in your blog. I got that you just can't sell anything from your property if the neighbors complain. The neighbors could get stinky about the number of birds that you keep unless you can prove that they are all pets. I would talk to your neighbors and see what they have to say on the subject of you having a few chickens. I would the use a farmers market in order to sell anything that you produce. If the majority of people that may have cared are gone, then it is rather less likely that newer neighbors will go out of their way to read up on how to complain.When I first moved into my neighborhood we had a guy that made everyone on the street uptight. but now that he has moved we have the greaatest live and let neighborhood.
     
  4. justbugged

    justbugged Head of the Night Crew for WA State

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    There are a lot of people that are more open to urban style farming now than ever before.
     
  5. JulieZ

    JulieZ Chillin' With My Peeps

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    Justbugged ... I'm allowed to have as many chickens as I want according to covenant AND county law. If I want 200 ... I need to make sure they are not a nuisance. My pens are on the opposite side of the property & away from the neighbors. Of course I'm not about to have that many squaking, egg laying girls but I'm going for 50 "pets" and about 20 at all times for meat.

    I agree with the farmers market. My other neighbor is being watched by the neighbors because of how much "traffic" she produces down our dead end road which is her family/friends. I wish my neighbors would move !!!
     
  6. zazouse

    zazouse Overrun With Chickens

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  7. JulieZ

    JulieZ Chillin' With My Peeps

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    Quote:This opened a new door for me to research. I'm wanting to turn 2-3 of my acres into a "micro-farm" & then I found ... http://smallfarms.ifas.ufl.edu/pocketnotebook/Farm_Law_Organics.pdf ... which states Florida has a Florida Right-to-Farm Act. Not sure if it goes hand in hand with micro-farms but you can surely take it to the bank that this is not off topic. THANK YOU !!!! [​IMG]
     
  8. Lilredhippie

    Lilredhippie Out Of The Brooder

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    Just a few thoughts. There is a distinct difference between livestock and domestic animals. A cow is livestock, dogs are domestic animals. Please be sure you get it in writing from your local planning and zoning or whoever is in charge of your ordinaces that you can have cows, chickens, etc, as they are livestock and would appear to be prohibited.

    Also, from experience, I have found that if you have livestock, your insurance carrier may drop you like a hot rock. I wanted to make sure if one of my hens ran out in the county road and someone decided to take the ditch rather then run over a chicken, my homeowners insurance would cover that. Nope! When my agent checked just to see and the company asked if I had more than 3 hens, which I do, they informed my agent that my policy would be terminated the end of the month! It did all turn out OK, because she found another company that was fine with the hens and sheep and turkeys. But this year, as I have more, she is looking at finding me another insurance carrier. It matters not that I have a farm name, it is what is going on in regards to production of animals, that the insurance company was concerned with.

    Also, we are refinancing our house. I was told if it looked like I might be producing animals for profit, that would harm my appraisal and perhaps my ability to get refinanced through a regular mortgage company. I don't make a dime on the animals yet...probably never will, so I don't want to have to deal with a farm credit company. So I pulled up all my portable electric netting just in case the apraiser comes on short notice. And the flocks will not be free ranging the day he comes.... [​IMG]

    Just a few things to consider when trying to live off the land and be sustainable. It seems that is easier said than done in come areas.
     
  9. justbugged

    justbugged Head of the Night Crew for WA State

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    Quote:It sound like this one neighbor maybe doing a little more than just having family and friends over all the time. If she is selling something illegal, and the neighbors try and stop her, then I could see her trying to retaliate anyway she can. But I don't think that having a farm name will change anything. I have a farm name and I am living in a sub-division. I am also licensed to sell eggs at a farmer market.
     
  10. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    OP, is the ordinance you quoted in the 1st post actually an ordinance, or is it a deed restriction? Your commentary makes it sound like a deed restriction. With ordinances, it doesn't matter WHO wrote it, what matters is that the governing board (city council, county supervisors, state legislators, etc.) approved it, and it is enforced as a matter of law.

    A deed restriction is not necessarily enforced by the city/county, but rather by the developer or others who live within the development. Depending on how it is set up, it is possible that the city could enforce.
     

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